BENNIE JONES, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Persaud v. State, 838 So. 2d 529 (Fla. 2003)
  …h DCA 2002), and Sanders v. State, 805 So. 2d 1064 (Fla. 5th DCA 2002). Petitioner Raymond Baker has filed a petition for a writ of mandamus, see art. V, § 3(b)(8), Fla. Const., seeking review of the decision of the Fifth District in Baker v. State, 820 So. 2d 382 (Fla. 5th DCA 2002). We consolidate these cases for purposes of this opinion and, for the reasons expressed below, dismiss the petitions for lack of jurisdiction. FACTS The decision from the Fourth District in Persaud’s case reads in its entirety:…
• Chambers v. State, 880 So. 2d 696 (Fla. 2d DCA 2004)
  …upon the improper instruction.5 Thus, neither of the conditions had been met, and the court held it was fundamental error to convict Mr. Ray. An extensive body of case law has developed from Ray. This court followed Ray [*700] in Thomas v. State, 820 So. 2d 382 (Fla. 2d DCA 2002). In Thomas, we affirmed a conviction for driving under the influence (DUI) with serious bodily injury, even though this offense was not a lesser-included offense of DUI manslaughter as charged in the information. 820 So. 2d at 384…
• Frank v. State, 912 So. 2d 329 (Fla. 5th DCA 2005)
  …aw. Stone v. State, 856 So. 2d 1109, 1113 (Fla. 4th DCA 2003). Consequently, a law enforcement officer’s misapprehension of the law does not equate to good faith. Sneed v. State, 876 So. 2d 1235, 1238 (Fla. 3d DCA 2004). Relying on Thomas v. State, 820 So. 2d 382 (Fla. 2d DCA 2002), the State also urges a “no harm, no foul” analysis, arguing that because the test results were subsequently obtained pursuant to a subpoena following notice to Frank, he suffered no prejudice. We adopted that view several years a…